Root v. Chandler
New York Supreme Court
This was an action of trespass de bonis asportatis, tried at the Erie circuit in March, 1831, before the Hon. Addison Gardiner, one of the circuit judges. The plaintiff lent a pair of horses to Evan Rice and Stephen Goss, to enable them to retail a load of fish. The horses were lent at Buffalo, and the borrowers had permission from the plaintiff to proceed east as far as Clarence, in the county of Erie, but were requested not to go any further.
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This was an action of trespass de bonis asportatis, tried at the Erie circuit in March, 1831, before the Hon. Addison Gardiner, one of the circuit judges. The plaintiff lent a pair of horses to Evan Rice and Stephen Goss, to enable them to retail a load of fish. The horses were lent at Buffalo, and the borrowers had permission from the plaintiff to proceed east as far as Clarence, in the county of Erie, but were requested not to go any further. Goss, one of the borrowers, proceeded however to Batavia, in the county of Genesee, where the horses were taken from his possession by a constable, on…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The questions raised in this case are, 1. Whether the plaintiff had a sufficient possession to maintain trespass ; 2. Whether the defendant was liable in this action ; and 3. Whether the defendant should have been permitted to prove, under the general issue, that the horses belonged to Rice and that they were sold upon executions against him. 1. Upon the first question there can be no doubt. The plaintiff had the general property in the horses ; he lent them to Rice to go to Clarence, but no farther; he had a right to reduce the property to his actual possession…
2Cited by19 opinions
- Herring v. . HoppockNew York Court of Appeals · 1857
- St. L., I. M. & S. Ry. v. BiggsSupreme Court of Arkansas · 1887
- Jordan v. DeatonSupreme Court of Arkansas · 1861
- Merrick v. BrittonSupreme Court of Arkansas · 1871
- Greenleaf v. LudingtonWisconsin Supreme Court · 1862
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